The Branch Manager v. S.Jansi Priyadharshini
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice R.VIJAYAKUMAR and Members Mr.P.Elango District Judge(Retired) , Mr.R.VenkatesanAdvocate CMA(MD) No.1596 of 2024 (Appeal against the judgment and decree passed on 22/08/2024 in MCOP.17/2020 on the file of the SUB JUDGE, UTHAMAPALAYAM) The Branch Manager Shriram General Insurance Co ltd., E-8, RIICO industrial Area, Sitapura, Jaipur - 302022.
Rajasthan.
...Appellant/s
Versus
1. S.jansi Priyadharshini
2. Minor.G.Lakshitha Gopika, (Rep. Through her mother and Gaurdian 1st respondent) R1 and R2 are residing at, Door No.3-6/14, Roman Koil Street, Uthamapalayam Town, Theni District.
3. R.Dhanapackiyam
4. A.Raja (R3 and R4 are residing at, Gurusaradi Koil Street, Vadakarai, Periyakulam, Theni District
Now residing at Rajendra Nagar, Government Primary Health Centre Quarters, Andipatti Taluk, Theni District)
5. A.Arockiyaraj
6. Selvam
...Respondent/s
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.R.Ramadurai and the counsel for the respondent/s Mr.S.Thirupathy for R6 and Mr.J.Thomas Rajadurai for R1 to R4 are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD The Insurance Company has filed the present appeal challenging the liability and quantum. The learned Tribunal by its order dated 22.08.2024 in MCOP.No.17 of 2020 has awarded a sum of Rs.47,45,000/- (Rupees Forty Seven Lakhs and Forty Five Thousand Only) along with accrued interest of the value of the appeal of Rs.62,44,550/- (Rupees Sixty Two Lakhs Forty Four Thousand Only) .
2. Now it has been agreed by both the parties. The Insurance Company has already deposited a sum of Rs.63,57,497/- (Rupees Sixty Three Lakhs Fifty Seven Thousand Four Hundred and Ninety Seven Only). The claimants have agreed to receive a sum of Rs. 55,00,000/- (Rupees Fifty Five Lakhs Only) as full quit. Out of which, the 1st claimant shall be entitled to withdraw a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) and the 2nd
claimant (minor daughter) shall be entitled to a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) and the 3rd and 4th claimants shall be entitled to withdraw a sum of Rs.2,50,000/- each (Rupees Two Lakhs and Fifty Thousand only).
3. The claimants shall be entitled (except minor claimant) to withdraw their respective shares along with accrued interest and cost without filing any petition before the Tribunal. As far as the 2nd claimant (minor daughter) is concerned, the said amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) is ordered to be deposited by any one of the Nationalised Bank, till she attains majority. The accrued interest of the minor deposited shall be withdrawn by the mother/natural guardian namely, the 1st respondent herein once in six months directly from the bank. The balance amount shall be refunded to the appellant Insurance Company along with accrued interest. The Branch Manager Shriram General Insurance Co ltd., E-8, RIICO industrial Area, Sitapura, Jaipur - 302022. Rajasthan.
Counsel for the Appellant/s
1. S.jansi Priyadharshini
2. Minor.G.Lakshitha Gopika, (Rep. Through her mother and Gaurdian 1st respondent) R1 and R2 are residing at, Door No.3-6/14, Roman Koil Street, Uthamapalayam Town, Theni District.
3. R.Dhanapackiyam
4. A.Raja (R3 and R4 are residing at, Gurusaradi Koil Street, Vadakarai, Periyakulam, Theni District Now residing at Rajendra Nagar, Government Primary Health Centre Quarters, Andipatti Taluk, Theni District)
5. A.Arockiyaraj
6. Selvam Counsel for the Respondent/s
This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.
The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.
In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed. JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To
1. The SUB JUDGE, UTHAMAPALAYAM.
2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.
3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By rgm/msa PA To The Hon'ble Judges